Gujarat High Court
J. K. Malt Products Pvt. Limited vs Manjit Fulsinh Chauhan on 5 May, 2025
NEUTRAL CITATION
C/SCA/1864/2024 JUDGMENT DATED: 05/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1864 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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J. K. MALT PRODUCTS PVT. LIMITED
Versus
MANJIT FULSINH CHAUHAN
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Appearance:
MR PRABHAKAR UPADYAY(1060) for the Petitioner(s) No. 1
MR AS ASTHAVADI(3698) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 05/05/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocate Mr. Asthavadi waives service of notice on behalf of the respondent.
2. With the consent of the parties, this petition was heard finally.
3. The present petition is filed challenging the award passed by the learned Labour Court, Nadiad in Reference LCN No.15 of Page 1 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu May 08 2025 Downloaded on : Fri May 09 01:18:39 IST 2025 NEUTRAL CITATION C/SCA/1864/2024 JUDGMENT DATED: 05/05/2025 undefined 2021 dated 07.10.2023, whereby the present petitioner was directed to reinstate the respondent - workman on his original post with continuity of service along with 50% back wages.
4. Gist of the case that the present respondent has filed the reference before the learned Labour Court being Reference LCN No.15 of 2021, claiming that the respondent was working with the present petitioner - employer since 27.07.2011 and getting the daily wages of Rs.400/-. On 28.10.2019, the respondent was met with an accident and had taken the treatment of the hospital recognized by the ESI - Corporation from 28.10.2019 to 25.11.2020. He was hospitalized in the hospital and thereafter, had suffered from the permanent disability. As treatment was going on, the petitioner has informed the respondent to provide the fitness certificate and in absence of providing the same, his service was orally terminated from 24.12.2020 without following due procedure prescribed under Section 25 F, G, and H of the Industrial Disputes Act. It is claimed before the learned Reference Court that the award of reinstatement be passed along with all consequential benefits and with the cost of Rs.10,000/-. The petitioner - employer appeared before the Page 2 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu May 08 2025 Downloaded on : Fri May 09 01:18:39 IST 2025 NEUTRAL CITATION C/SCA/1864/2024 JUDGMENT DATED: 05/05/2025 undefined learned Reference Court and has submitted that despite he was informed to resume duty and despite the assurance was given for alternative work, the respondent did not join with the duty and to grab the money, the reference is filed. Learned Labour Court, after considering the evidence adduced by both the parties, has awarded the reference in favour of the respondent by granting the relief of reinstatement with continuity of service and with 50% back wages. The same is subject matter of challenge before this Court.
5. Heard learned advocate Mr. Upadayay for the petitioner and learned advocate Mr. Asthavadi for the respondent.
6. Learned advocate Mr. Upadayay submits that learned Reference Court has committed error in not considering the vital facts that after the accident the respondent was offered the alternative work and has been informed to resume the duty with fitness certificate and as respondent is unable to provide, the same his service was put to an end. Learned advocate Mr. Upadayay submits that the present respondent was daily wager, therefore, the award of the reinstatement, which was passed, is contrary to the settle principle of law and in that background, the Page 3 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu May 08 2025 Downloaded on : Fri May 09 01:18:39 IST 2025 NEUTRAL CITATION C/SCA/1864/2024 JUDGMENT DATED: 05/05/2025 undefined impugned award deserves to be interfered with.
7. Per contra, learned advocate Mr. Asthavadi appearing for the employee submits that after the accident, one leg of the respondent was amputated and at present, the permanent disability was caused to the employee. Learned advocate Mr. Asthavadi submits that though the petitioner has taken the contention that respondent himself had abandoned the work, however, no evidence was placed on record establishing the said fact. Learned advocate Mr. Asthavadi submits that in absence of following the due procedure under Industrial Disputes Act, learned Reference Court was justifying granting the relief of reinstatement with all consequential benefits and 50% back wages and therefore, no interference is required and petition deserves to be dismissed.
8. Having considered the arguments advanced by the learned advocates for the respective parties and reasons assigned by the learned Reference Court, it emerges that the present respondent was serving as a daily wager since 27.07.2011 and getting monthly wages of Rs.400/-. Due to the accident occurred with the present respondent on 28.10.2019, he was hospitalized upto Page 4 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu May 08 2025 Downloaded on : Fri May 09 01:18:39 IST 2025 NEUTRAL CITATION C/SCA/1864/2024 JUDGMENT DATED: 05/05/2025 undefined 25.11.2020. It is undisputed fact that the oral termination was made on 24.12.2020 on the ground that despite the respondent was informed to resume the duty with fitness certificate, he remained failed in doing so. It also emerges from the record that though contention was raised that alternative work is offered, however, no documentary evidence was adduced in support of said contention. At present, the respondent is suffering from permanent disability. As the respondent was terminated undisputedly without following due procedure of the Industrial Disputes Act, this Court is of the view that no error has been committed by the learned Reference Court in holding that the termination is illegal. However, this Court has considered the decision rendered by the Hon'ble Apex Court in the case of Telecom District Manager And Others vs Keshab Deb, reported in 2008 (8) SCC 402, wherein it is held that in each case where termination is held illegal, the automatic order of reinstatement would not be passed. The relief can be moulded by granting the lump-sum compensation considering the various factors including the length of service. In the instant case, the length of service of the present respondent was around 9 years and in that background, this Court is of the view that lump-sum Page 5 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu May 08 2025 Downloaded on : Fri May 09 01:18:39 IST 2025 NEUTRAL CITATION C/SCA/1864/2024 JUDGMENT DATED: 05/05/2025 undefined compensation of Rs.3,00,000/- is paid in lieu of the reinstatement as well as the back wages and towards the full and final settlement of the award, then the ends of justice would serve.
9. Resultantly, this petition is partly allowed. Present petitioner is directed to pay the amount of Rs.3,00,000/- towards lump-sum compensation within a period of 8 weeks from today. Rule is made absolute to the aforesaid extent.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 6 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu May 08 2025 Downloaded on : Fri May 09 01:18:39 IST 2025